HomeMy WebLinkAboutContract 41514 (2)crrY SECRF1ARY
CONTRA: Y` '�
AGREEMENT BETWEEN THE CITY OF FORT WORTH
AND ANITA KNOX FOR CONCEPTUAL DESIGN OF PUBLIC ARTWORK
FOR THE GUINN SCHOOL PLAZA
This Agreement is entered into this V\ dayof
g rt)br , 2011, the(
"Effective Date") by and between the CITY OF FORT WORTH, a home -rule municipal
corporation of the State of Texas ("City"), acting by and through Fernando Costa, its duly
authorized Assistant City Manager, and Anita Knox, an individual ("Artist"), of 2728
Car -ten Street, Fort Worth, Texas 76112. City has designated the Arts Council of Fort
Worth and Tarrant County, Inc. (the "Contract Manager") to manage this Agreement on
its behalf. The Contract Manager shall act through its designated Public Art Project
Manager.
WHEREAS, City is implementing the Fort Worth Public Art Program pursuant to
Chapter 2, Sections 2-56 through 2-61 of the Fort Worth Code of Ordinances in order to
create an enhanced visual environment for Fort Worth residents, to commemorate City's
rich cultural and ethnic diversity, to integrate the design work of artists into the
development of City's capital infrastructure improvements and to promote tourism and
economic vitality in City through the artistic design of public spaces;
WHEREAS, City is designing and constructing a plaza on the historic James E.
Guinn campus on the southwest corner of East Rosedale Street and I-3 5 W, known as the
Guinn School Plaza in Fort Worth, TX, as shown on the map attached hereto as Exhibit
"A" and incorporated herein (the "Site");
WHEREAS, City has set aside funds to commission public art/design
enhancements in conjunction with the East Rosedale streetscape improvement project
from the 2004 Capital Improvement Program;
WHEREAS, City hired Navarette Studio to create a public art master plan for the
Guinn School Plaza (attached hereto as Exhibit "B"), and Navarrette Studio identified
sixteen (16) benches at the Site as public art opportunities.
WHEREAS, Artist, in cooperation with the Contract Manager, facilitated a public
art workshop (the "Workshop"), directing a team of local artists (the "Workshop Artists")
to develop designs for public art to be integrated into the tops of the sixteen benches, as
outlined in the Public Art Revised Project Outline approved by the Fort Worth Art
OFFICIAL RECORD
CITY SECRETARY
FTT, WORTH, TX
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Commission at the Fort Worth Art Commission Meeting of September 13, 2010 (attached
hereto as Exhibit "C");
WHEREAS, Artist has been retained to develop a conceptual design for the
benches based upon the ideas and recommendations developed during the Workshop (the
"Conceptual Design"); and
WHEREAS, City and Artist wish to set out the terms and conditions for Artist's
participation in the project.
NOW, THEREFORE, City and Artist for and in consideration of the covenants
and agreements hereinafter set forth, the sufficiency of which is hereby acknowledged,
agree as follows:
ARTICLE 1
SCOPE OF SERVICES AND DELIVERABLES
1.1 Scone of Services.
a. Artist shall create a Conceptual Design for the benches at the Site based upon the
ideas and recommendations developed during the Workshop.
b. Artist shall determine the artistic expression, scope, design, color, size, material, and
texture of the Conceptual Design.
c. Artist shall present the Conceptual Design to the designated community
stakeholders group and City for input at a date and time mutually agreed upon.
d. Artist shall present the Conceptual Design to the Fort Worth Art Commission
(the "FWAC") for approval at a regularly scheduled meeting.
1.2 Concentual Design Deliverables
a. Artist shall perform the services and furnish all supplies, materials, and
equipment necessary to complete the Conceptual Design and provide certain
deliverables as set forth in this Section 1.2.a.i.-iv. (collectively the
"Conceptual Design Deliverables") for City approval within one (1) month of
the Effective Date of this agreement:
i. Concentual Design
1. Conceptual sketches to illustrate design of individual bench -top
designs with an indication of Artist or Workshop Artist(s)
responsible.
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2. Conceptual Design narrative describing: (1) Concept for
bench -top designs as a group and/or individually, as
appropriate; (2) Proposed materials and fabrication methods for
bench tops; (3) Estimated budget for bench tops, including
final design, fabrication, and installation costs; (4)
Recommended prioritization of designs, as appropriate; (5)
Listing of individuals and organizations who participated in the
Workshop by giving input, attending meetings, or any other
participation; and (6) recommendation of artists to go forward
into the next phase or phases of this project.
ii. Copy of Artist's PowerPoint presentation of the overall Conceptual
Design.
iii. Four copies and the .pdf file of the final Conceptual Design
brochure/document/drawings/diagrams.
iv. All original drawings produced during the Workshop shall be returned
to the Contract Manager for the Fort Worth Public Art archives.
b. Deadlines for submission of Artist's deliverables may be extended by mutual
written agreement between Artist and the Contract Manager.
c. Upon approval, Artist shall provide the Conceptual Design presentation
materials to the Contract Manager to become part of City's Public Archive.
1.3. Implementation Budget Total.
Artist shall develop a Conceptual Design that is financially feasible relative to the budget
for implementation. It is understood that the budget for implementation of the Conceptual
Design is estimated to be THIRTY-EIGHT THOUSAND DOLLARS AND NO CENTS,
($38,000.00), including final design, materials, labor, fabrication, delivery, installation,
insurance, transportation, travel, and all associated costs for the artwork, as well as a
fixed Artist's fee.
1.4. Conceptual Design Review.
a. City may require Artist to make such revisions to the Conceptual Design as are
necessary for the artwork to comply with applicable statutes, ordinances, or
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regulations of any governmental regulatory agency having jurisdiction over the Site
for reasons of safety and security.
b. City may also request revisions to the Conceptual Design at its sole discretion.
c. Within thirty (30) days of its receipt of Artist's submission of the Conceptual Design,
City shall notify Artist of its approval, or disapproval, of such submission and of each
revision made in the Conceptual Design. Revisions made pursuant to this Section
1.4 upon approval by City, shall become part of the Conceptual Design.
d. If the Conceptual Design or any required revision is disapproved by City, Artist shall
have a reasonable amount of time to resubmit the Conceptual Design in conformance
with City's requirement.
e. If resubmitted materials are not approved by City, this Agreement may be terminated
at City's option, with payment for work performed per the payment schedule in
Section 2.1.
f. Upon the expiration of the Term, as hereinafter defined, of this Agreement, if the
Conceptual Design is accepted by City and funding is approved by the Fort Worth
City Council, negotiations for final design, fabrication, delivery, and installation of
the artwork shall commence, and shall become part of the deliverables under a
subsequent artwork commission contract.
ARTICLE 2
COMPENSATION AND PAYMENT SCHEDULE
2.1. Fee.
City shall pay Artist a fixed fee in the amount of FOUR THOUSAND DOLLARS AND
NO CENTS ($4,000.00) (the "Fee"), which shall constitute full compensation for all
services and materials to be performed and furnished by Artist under this Agreement,
including all travel expenses and costs and expenses associated with the Workshop The
Fee shall be paid in the following installments, each installment to represent full and final
payment for all services and materials provided prior to the due date thereof:
a. Three Thousand Dollars and No Cents ($3,000.00) upon execution of this
Agreement, recognizing that Artist has already invested time and expense
in preliminary design team coordination with the Workshop Artists and
City.
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b. One Thousand Dollars and No Cents ($1,000.00) within thirty (30) days
after Artist submits the "Conceptual Design Deliverables," as required in
Section 1.2.a.i.-iv. of this Agreement, makes a presentation of the
Conceptual Design to the FWAC, and the Conceptual Design is approved
by City.
2.2. Sales Taxes.
City is a tax-exempt organization and no state or local sales taxes or federal excise taxes
shall be due upon the project. City shall supply Artist with the "Texas Sales Tax and
Local Sales Tax Exemption Certificate" in substantially the same form as that attached
hereto as Exhibit "D" for use by Artist in the fulfillment of this Agreement.
2.3. Artist's Expenses.
Artist shall be responsible for the payments of all expenses incurred during the
performance of this Agreement, including, but not limited to, services, materials,
mailing/shipping charges and insurance on submissions to City, cost of all travel, and
costs for Artist's agents, consultants, employees necessary for the proper performance of
the services required under this Agreement
ARTICLE 3
TERM AND TERMINATION
3.1. Term.
This Agreement shall be in effect from the Effective Date, and, unless terminated earlier
pursuant to any provision in this Agreement, shall extend until final payment to Artist by
City, whichever is later.
3.2. Gratuities.
City may cancel this Agreement if it is found that gratuities in the form of entertainment,
gifts, or otherwise were offered or given by Artist or any agent or representative to any
City or Contract Manager official or employee with a view toward securing favorable
treatment with respect to the awarding, amending, or making of any determinations with
respect to this performance of this Agreement.
3.3. Termination for Cause.
If either party to this Agreement shall willfully or negligently fail to fulfill in a timely and
proper manner, or otherwise violate, any of the covenants, agreements, or stipulations
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material to this Agreement, the other party shall thereupon have the right to terminate this
Agreement by giving written notice to the defaulting party of the intent to terminate,
specifying the grounds for termination. The defaulting party shall have thirty (30) days
after receipt of the notice to cure the default (the "Cure Period"). If the default is not
cured during the Cure Period, then this Agreement shall terminate. Termination of this
Agreement under this provision shall not relieve the party in default of any liability for
damages resulting from a breach or a violation of the terms of this Agreement
3.4. Termination for Convenience.
a. The services to be performed under this Agreement may be terminated by either
party, subject to written notice submitted thirty (30) days before termination. The
notice shall specify whether the termination is for convenience or cause.
b. If the termination is for the convenience of City, Artist shall have the right to fees for
work performed, in which event City shall have the right at its discretion to
possession and transfer of title to the sketches, designs, and models already prepared
and submitted or presented for submission to City by Artist under this Agreement
prior to the date of termination, provided that no right to fabricate or execute the
artwork shall pass to City.
c. If termination is for the convenience of Artist, Artist shall remit to City a sum equal
to all payments (if any) made to Artist pursuant to this Agreement prior to
termination.
3.5. Incapacity of Artist.
a. In the event of Artist's death or Artist becoming physically or legally incapacitated
during the term of this Agreement, City shall have the right to terminate this
Agreement on payment to Artist or Artist's successors for all work and services
performed prior to death or incapacity. All finished and unfinished drawings,
sketches, photographs, models, and work shall become property of City.
b. Should Artist's design have been approved or if Artist's work has progressed to the
point of fabncation of the Conceptual Design, in the event of termination under this
Section 3 5, City shall have the right to complete the Work. Due regard shall be
made for Artist's intended results and proper credit and acknowledgement shall be
given to Artist.
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ARTICLE 4
OWNERSHIP OF DESIGN AND REPRODUCTION RIGHTS
4.1 General
The Conceptual Design and all other work product associated with, and/or related
to, the Conceptual Design, including, but not limited to, any work produced during the
course of the Workshop by Artist and/or the Workshop Artists, including any and all
ideas, concepts, sketches, and recommendations, (collectively, the "Work") shall become
property of City, without restriction on future use, except as provided below. Artist shall
retain copyright and other intellectual property rights in and to the Work. By execution
of this Agreement, Artist grants to City a perpetual, irrevocable license to graphically
depict or display the Work for any non-commercial purpose whatsoever. For purposes of
this limitation, any graphic depiction or display of the Work intended to promote or
benefit City its public services, or its purposes, regardless of whether or not a fee is
charged to the public, or whether revenue is otherwise received by City, shall be deed a
non-commercial purpose.
4.2 Artist's Address.
Artist shall notify City of changes in Artist's address as set forth in Article 10. The
failure to do so, if such failure prevents City from locating Artist, shall be deemed a
waiver by Artist of the right subsequently to enforce these provisions that require the
express approval of Artist. Notwithstanding this provision, City shall make every
reasonable effort to locate Artist when matters arise relating to Artist's rights.
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ARTICLE 5
WARRANTIES
5.1 Warranties of Title and Copvriaht.
Artist represents and warrants that:
a. Artist owns legal title and copyright in and to the Work, such that Artist can make the
grant of rights contained in this Agreement.
b. The Work shall be the original product of Artist's and/or Workshop Artist's sole
•
creative efforts.
c. The Work is and will be unique and original, and does not infringe upon any
copyright or the rights of any person;
d. Artist and/or Workshop Artists have not sold, assigned, transferred, licensed, granted,
encumbered, or utilized the Work or any element thereof or any copyright related
thereto that may affect or impair the rights granted pursuant to this Agreement;
e. Artist has the full power to enter into and perform this Agreement and to make the
grant of rights contained in this Agreement;
f. All services performed hereunder shall be performed in accordance with all
applicable laws, regulations, ordinances, etc., and with all necessary care, skill, and
diligence; and
g. Artist shall assume the defense of, and INDEMNIFY AND HOLD HARMLESS,
CITY, ITS REPRESENTATIVES, OFFICERS, EMPLOYEES, AGENTS, AND
CONTRACTORS FROM AND AGAINST ALL CLAIMS, LOSSES,
DAMAGES, ACTIONS, OR EXPENSES OF EVERY TYPE AND
DESCRIPTION, INCLUDING, BUT NOT LIMITED TO, ATTORNEY'S
FEES, TO WHICH THEY MAY BE SUBJECTED ARISING OUT OF CITY'S
USE OR POSSESSION OF THE WORK BY REASON OF AN ALLEGED OR
ACTUAL COPYRIGHT VIOLATION OR OTHER LACK OF OWNERSHIP,
AUTHORSHIP, OR ORIGINALITY. This Section 5.1(0 shall survive the
expiration or earlier termination of this Agreement.
ARTICLE 6
ARTIST AS INDEPENDENT CONTRACTOR
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Artist shall perform all work and services hereunder as an independent contractor, and
not as an officer, agent, servant, or employee of City. Artist shall have exclusive control
of, and the exclusive right to, control the details of the work performed hereunder, and all
persons performing same, and shall be solely responsible for the acts and omissions of
his/her officers, agents, employees, and subcontractors. Nothing herein shall be
construed as creating a partnership or joint venture between City and Artist, his/her
officers, agents, employees and subcontractors, and doctrine of respondeat superior has
no application as between City and Artist.
ARTICLE 7
INDEMNIFICATION
a. ARTIST COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS
AND DEFEND, AT ITS OWN EXPENSE, CITY AND ITS REPRESENTAIVES,
OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES FROM AND AGAINST
ANY AND ALL CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE
AND/OR PERSONAL INJURY, INCLUDING, BUT NOT LIMITED TO, DEATH,
TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER,
WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION
WITH THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE,
OR NONPERFORMANCE OF THIS AGREEMENT AND/OR THE
OPERATIONS, ACTIVITIES, AND SERVICES DESCRIBED HEREIN,
PROVIDED THAT SAID CLAIMS OR SUITS ARE CAUSED BY ARTIST'S
NEGLIGENCE OR WILFUL MISCONDUCT; AND ARTIST HEREBY ASSUMES
ALL LIABILITY AND RESPONSIBILITY OF CITY AND ITS
REPRESENTATIVES, OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES
FOR ANY AND ALL CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE
AND/OR PERSONAL INJURY, INCLUDING, BUT NOT LIMITED TO, DEATH,
TO ANY AND ALL PERSONS, OF WHATSOEVER KINDS OR CHARACTER,
WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION
WITH THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE OR
NON-PERFORMANCE OF THIS AGREEMENT AND/OR THE OPERATIONS,
ACTIVITIES, AND SERVICES DESCRIBED HEREIN, PROVIDED THAT SAID
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CLAIMS OR SUITS ARE CAUSED BY ARTIST'S NEGLIGENCE OR WILFUL
MISCONDUCT. ARTIST LIKEWISE COVENANTS AND AGREES TO AND
DOES HEREBY INDEMNIFY AND HOLD HARMLESS CITY FROM AND
AGAINST ANY AND ALL INJURY, DAMAGE, AND/OR DESTRUCTION OF
PROPERTY OF CITY, ARISING OUT OF OR IN CONNECTION WITH ALL
ACTS OR OMISSIONS OF ARTIST, ITS OFFICERS, MEMBERS, AGENTS,
EMPLOYEES, SUBCONTRACTORS, INVITEES, LICENSEES, OR PROGRAM
PARTICIPANTS.
b. ARTIST AGREES TO AND SHALL RELEASE CITY, ITS REPRESENTATIVES,
AGENTS, EMPLOYEES, OFFICERS, AND LEGAL REPRESENTATIVES FROM
ANY AND ALL LIABILITY FOR INJURY, DEATH, DAMAGE, AND/OR LOSS
TO PERSONS OR PROPERTY SUSTAINED BY ARTIST IN CONNECTION
WITH OR INCIDENTAL TO PERFORMANCE UNDER THIS AGREEMENT.
c. Artist shall require all of its subcontractors to include in their subcontracts a release
and indemnity in favor of City in substantially the same form as above.
d. Artist agrees to accept indemnification provisions in substantially the same form as
above in any future design or commission contracts, including, but not limited to, any
subsequent final design contract or artwork commission contract.
e. All indemnification provisions of this Agreement shall survive the termination or
expiration of this Agreement.
ARTICLE 8
EQUAL OPPORTUNITY
a. Artist shall not discriminate against any employee or applicant for employment
because of age, disability, race, color, religion, sex, sexual orientation, national
origin, familial status, transgender, gender identity, or gender expression. Artist shall
take affirmative action to ensure that employees are treated equally during
employment, without regard to their age, disability, race, color, religion, sex, sexual
orientation, national origin, familial status, transgender, gender identity, or gender
expression. Such action shall include, but not be limited to, the following:
Employment, upgrading, demotion, transfer, recruitment or pay or other forms of
compensations, and selection for training, including, but not limited to,
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apprenticeship. Artist agrees to post in conspicuous places, available to employees
and applications for employment, notices to be provided by City setting forth the
provision of this nondiscrimination clause.
b. Artist shall, in all solicitation or advertisements for employment placed on or on
behalf of Artist, state that all qualified applicants shall receive consideration for
employment without regard to race, color, religion, sex, sexual orientation, national
origin, familial status, transgender, gender identity, or gender expression
c. Artist shall furnish all information and reports requested by City, and shall permit
access to its books, records, and accounts for purposes of investigation to ascertain
compliance with such rules and regulations.
d. In the event of Artist noncompliance with the nondiscrimination clauses of this
Agreement, this Agreement may be canceled, terminated, or suspended in whole or in
part, and Artist may be debarred from further agreements with City.
ARTICLE 9
MISCELLANEOUS
9.1. Compliance.
Artist shall comply with all Federal, State, and City statutes, ordinances, and regulations
applicable to the performance of Artist services under this Agreement.
9.2. Entire Agreement
This writing embodies the entire agreement and understanding between the parties hereto,
and there are no other agreements and understandings, oral or written, with reference to
the subject matter hereof that are not merged herein and superseded hereby.
9.3. Amendments.
No alteration, change, modification, or amendment of the terms of this Agreement shall
be valid or effective unless made in writing and signed by both parties hereto and
approved by appropriate action of City.
9.4. Waiver.
No waiver of performance by either party shall be construed as or operate as a waiver of
any subsequent default of any terms, covenants, and conditions of this Agreement. The
payment or acceptance of fees for any period after a default shall not be deemed a waiver
of any right or acceptance of defective performance.
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9.5. Governing Law and Venue
If any action, whether real or asserted, at law or in equity, arises on the basis of any
provision of this Agreement, venue for such action shall lie in state courts located in
Tarrant County, Texas or the United States District Court for the Northern District of
Texas — Fort Worth Division. This Agreement shall be construed in accordance with the
laws of the State of Texas.
9.6. Successors and Assigns.
Neither party hereto shall assign, sublet, or transfer its interest herein without prior
written consent of the other party, and any attempted assignment, sublease, or transfer of
all or any part hereof without such prior written consent shall be void. This Agreement
shall be binding upon and shall inure to the benefit of City and Artist and their respective
successors and permitted assigns.
9.7. No Third -Party Beneficiaries.
The provisions and conditions of this Agreement are solely for the benefit of City and
Artist, and any lawful successor or assign, and are not intended to create any rights,
contractual or otherwise, to any other person or entity.
9.8 Severability.
If any provision of this Agreement shall be held to be invalid, illegal, or unenforceable,
the validity, legality, and enforceability of the remaining provisions shall not in any way
be affected or impaired.
9.9. Force Mai eure.
It is expressly understood and agreed by the parties to this Agreement that, if the
performance of any obligations hereunder is delayed by reason of war; civil commotion;
acts of God; inclement weather; governmental restrictions, regulations, or interferences;
fires; strikes; lockouts, national disasters; riots; material or labor restrictions;
transportation problems; or any other circumstances which are reasonably beyond the
control of the party obligated or permitted under the terms of this Agreement to do or
perform the same, regardless of whether any such circumstance is similar to any of those
enumerated or not, the party so obligated or permitted shall be excused from doing or
performing the same during such period of delay, so that the time period applicable to
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such design or construction requirement shall be extended for a period of time equal to
the period such party was delayed.
9.10. Contract Construction.
The parties acknowledge that each party and, if it so chooses, its counsel have reviewed
and revised this Agreement and that the normal rule of construction to the effect that any
ambiguities are to be resolved against the drafting party must not be employed in the
interpretation of this Agreement or any amendments or exhibits hereto.
9.11. Fiscal Funding Out.
If, for any reason, at any time during any term of this Agreement, the Fort Worth City
Council fails to appropriate funds sufficient for City to fulfill its obligations under this
Agreement, City may terminate this Agreement to be effective on the later of (i) thirty
(30) days following delivery by City to Artist of written notice of City's intention to
terminate or (ii) the last date for which funding has been appropriated by the Fort Worth
City Council for the purposes set forth in this Agreement.
9.12. Captions
Captions and headings used in this Agreement are for reference purposes only and shall
not be deemed a part of this Agreement.
9.13. Artist's Address.
Artist shall notify the Contract Manager of changes in address.
9.14. Surviving Covenants.
The covenants and obligations set forth in this Agreement shall not survive the death or
legal incapacity of Artist.
9.15 City's Right to Complete.
In the event of the death or legal incapacity of Artist, City shall have the right to complete
the Work and shall give credit to Artist, as appropriate.
9.16 Right to Audit.
Artist agrees that City will have the right to audit the financial and business records of
Artist that relate to the Work (collectively "Records") at any time during the Term of this
Agreement and for three (3) years thereafter in order to determine compliance with this
Agreement Throughout the Term of this Agreement and for three (3) years thereafter,
Artist shall make all Records available to City at 1000 Throckmorton Street, Fort Worth,
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Texas or at another location in City acceptable to both parties following reasonable
advance notice by City and shall otherwise cooperate fully with City during any audit.
Notwithstanding anything to the contrary herein, this Section 8.16 shall survive
expiration or earlier termination of this Agreement.
9.17. Certified MWBE.
If applicable, Artist shall make its best effort to become a certified Minority/Women
Business Enterprise (M/WBE) firm with a certifying agency whose certification is
accepted by City under City's M/WBE ordinance.
9.18 Survival Provision
The provisions contained in Articles 5, 6, and 7 shall survive the termination or
expiration of this Agreement.
9.19 Public Information Act
Artist understands and acknowledges that City is a public entity under the laws of the
State of Texas and as such, all documents held by City are subject to disclosure under
Chapter 552 of the Texas Government Code. Artist shall clearly indicate to City what
information it deems proprietary. If City is required to disclose any documents that may
reveal any Artist Proprietary Information to third parties under the Texas Government
Code, or by any other legal process, law, rule, or judicial order by a court of competent
jurisdiction, City will notify Artist prior to disclosure of such documents, and give Artist
the opportunity to submit reasons for objections to disclosure. City agrees to restrict
access to Artist's information to those persons within its organization who have a need to
know for purposes of management of this Agreement. City agrees to inform its
employees of the obligations under this paragraph and to enforce rules and procedures
that will prevent any unauthorized disclosure or transfer of information. City will use its
best efforts to secure and protect Artist's information in the same manner and to the same
degree it protects its own proprietary information; however, City does not guarantee that
any information deemed proprietary by Artist will be protected from public disclosure if
release is required by law. The foregoing obligation regarding confidentiality shall
remain in effect for a period of three (3) years after the expiration of this Agreement.
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ARTICLE 10
NOTICES
All notices, requests, demands, and other communications which are required or
permitted to be given under this Agreement shall be in writing and shall be deemed to
have been duly given upon the delivery or receipt thereof, as the case may be, if delivered
personally or sent by registered or certified mail, return receipt requested, postage
prepaid, as follows:
1. CITY OF FORT WORTH: Fernando Costa, Assistant City Manager
City Manager's Office
City of Fort Worth
1000 Throckmorton Street
Fort Worth, Texas 76102
Copies to:
Sarah Fullenwider, City Attorney
Office of the City Attorney
City of Fort Worth
1000 Throckmorton Street, Third Floor
Fort Worth, Texas 76102
Martha Peters, Public Art Director
Arts Council of Fort Worth & Tarrant County
1300 Gendy Street
Fort Worth, Texas 76107
Anita Knox
2728 Carten Street
Fort Worth, Texas 76112
[SIGNATURES APPEAR ON THE FOLLOWING PAGE]
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IN WITNE
SS S HEREOF, the parties hereto � have executed this Agreement on the
Effective Date.
CITY OF FORT WORTH
/a...sea fr.—.
by: Fernando Costa Anita KnoxIndividual
Assistant City Manager
ARTIST
APPROVED AS TO FORM:
Tyler rWallach
Assistant City Attorney
ATTESTED BY:
r\F\ 01/4Atk. 5L\PY.V\
Marty Hendrix
City Secretary
OFFIC
IAL RECORD
CITY SECRETARY
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Exhibit "C"
On June 12, 2008, the Fort Worth Art Commission approved a project outline for the Guinn
School Plaza. It outlined an artist selection process that would commence after the identification
of specific art opportunities. In May 2010, Juan and Patricia Navarrete presented a number of
site options and approaches that expanded upon ideas that were generated during the West /
East Rosedale Street & Guinn School Plaza Conceptual Public Art Design Charette that they
facilitated in December 2007 to community stakeholders and to the Fort Worth Art Commission.
A second stakeholders meeting was held on August 25, 2010 at which consensus was reached
that the vertical steel elements and the bench tops were the opportunities for which artists would
be selected
PROJECT Bl1DGE1 ALLOCATIONS
The total public ait budget is $100,000 (550,000 — 2004 CIP; $50,000 — PAF). 57,557 of the
budget was used for the Navarretes' contract for their master planning work on the plaza. The
remaining budget will be split approximately in half between the artworks for the vertical elements
and for the bench tops. Costs associated with artist selection for the vertical elements and the
conceptual design workshop for the bench tops will come from the FWPA administrative budget.
ARTIST SELECTION PROCESSES
Vertical Elements
One artist shall be selected using the process set forth in the Guinn School Project Outline
approved on June 12, 2008,
Bench Tops
The 16 benches included in the Guinn School Plaza design provide an excellent opportunity for
several local artists to design colorful tile mosaic tops. In order to insure conceptual and visual
cohesiveness, it is recommended Fort Worth -based artist Anita H. Knox, who is on the FWPA
Pie-Oualified List of Established Public Artists, facilitate a conceptual design workshop to which
other local artists (in the FWPA Artist Registry, as well as others she and community stakeholders
recommend) would be invited. Ms Knox and workshop artists will tour the site and meet with the
city's project consultant and community stakeholders for input prior to their work session. At the
conclusion of the workshop an overall approach and conceptual designs will be presented to the
community stakeholder group, project consultants and city staff for feedback. A presentation
would later be made to the Fort Worth Art Commission along with a recommendation for
implementation.
TIMELINE (subject to change)
Vertical Elements
Artist Selection Panel Meeting #1 — Select Finalists
Site Tour and Orientation Meeting for Finalists
Artist Selection Panel Meeting #2 — Finalists Present Concepts
FWAC Review and recommendation
Final Design contract executed with selected artist
FWAC Review of Final Design
Plaza Construction Commences
Bench Tops
Local artists invited to participate in workshop
Conceptual design workshop
FWAC presentation of concepts and implementation plan
Final Design contract executed with lead artist
FWAC Review of Final Design
Plaza Construction Commences
O ctober 2010
N ovember 2010
early January 2010
January 10, 2011
January 2011
April 11, 2011
S ummer 2011
September 2011
O ctober 2010
N ovember 8, 2010
late November 2010
April 11,2011
S ummer 2011
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Exhibit D: Sales Tax Exemption
TE.xAf4i C:1:R`I'1FIC 1t'rl?. t7F I:XI?;; rrl[)N
I claim an exemption from pitvomit of sales Itnd use taxes for the purchase tit Laxahle items described
Iichiw or oil the attached order Or OnVoice,
Desch+tiers of Items Inr an attached nit
r or Irmo
I chit m this piton for the following rca cm:
I"ti lit I}utehaseJ:
Name of Exempt Organization: CITY OF FORT %%OR'1'If, TEXAS
TEXAS SALES AND USE TAX PERMIT NUMBER 1-7 4-60110528-6
I'rt.rjett for which niatcnats and supplies arc purchased:
l understand That 1 will be liable for payment of sales tax. which may become due tier Failure to comply
with the pmvi ions of the state. city, andror metropolitan transit authority sak.s and use tax laws and
comptroller rules regarding exempt purchases. [.iahitit}' for the tax will he determined hy the prier paid
iirr the taxable Items purchased or 111c tail market rental value fan the In;,&J of time used.
I understand that it is a misdemeanor to give an exemption certificate to the seller for taxab
f know, at the time at`the purchase, will be used in u manner other than that expensed in thi
and, upon eons ictiom may he fined up to S500 per oncost..
Tax Exvitint Status Due in Rcit,j)Oovernincntaf hntuy
Purchaser: CITY OF FORT WORTII, TEXAS
Street Address: 11100 TIIROCICMORTON STREET
City, State.. Zip Cade: FORT %%ORT11. TEXAS 76102
Sign Here:
tIae rnicm Li nia, Il rich
I'his certificate does not require a number to Ix
exempt" nuntlters do not exist,
iltaiis which
certificate
Date: June 1 's, 1(11)y phone: ii
rid use tax "excniptiim i%tnnbcr ' or "tax
'this certificate shutdd be furnished to the supplier Du nut sertl the completed cc1tiIreutu Iu the
Comptroller of Public Accounts
'5I"
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